That so few of the great speeches of legal advocates have been preserved is not due to their lack of those inherent qualities which make eloquence live, but rather to the temporary occasion and the transient uses for which they are made. There is no Congressional Record to embody in perpetual form the dialogue and repartee of the court-room, or to spread before the public in legible character the speeches of counsel to the gentlemen of the jury. Rarely are legal addresses in jury cases prepared in advance, and, being the extemporaneous outpouring of the immediate thought and feeling of the speaker, there exists no copy to which posterity can go. Fortunately, however, not all the great speeches of great advocates have been lost upon the air of their first deliverance. The speeches of Demosthenes and Cicero are most valued treasures in classic literature, and models of the art of advocacy as well. It is the English-speaking Bar, however, that has abounded most in examples of brilliant and moving eloquence. The English advocate and his American brother belong to a system of jurisprudence in which the functions of moving speech have the largest play. Their duties call them to the maintenance and defense of life and liberty, of property and reputation. The dearest and most valuable rights of mankind are submitted to the arbitrament of jury trial.
(Typographical errors above are due to OCR software and don't occur in the book.)
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